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(영문) 대구지방법원 2017.05.18 2016고단4525

도로교통법위반(사고후미조치)

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.

Reasons

Punishment of the crime

Defendant B was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law at the Daegu District Court on June 7, 2013, and a fine of KRW 2.5 million for the same crime on April 7, 2014, respectively. On July 17, 2014, Defendant B was sentenced to a suspended sentence of imprisonment for the same crime in the same court for six months.

[Criminal facts]

1. Defendant A is a person who is engaged in driving of a passenger vehicle with low price.

On February 1, 2016, the Defendant driving the above car on around 02:20, and driving it on around 02:20, and driving it on around 1, 2016, 3 lanes out of the four-lane 165.6km located in Dong-si, Busan, Busan, Gyeong-do.

A person engaged in driving service has a duty of care to live well before and after, and drive safely by accurately operating the steering gear and the like.

Nevertheless, even though the Defendant was negligent in driving a stroke while driving a stroke, the Defendant continued to stop on the right side of the road and the center separation zone, the said car was left the site as it is at the place of the accident.

Ultimately, the Defendant, by occupational negligence, did not take necessary measures to ensure safe and smooth traffic by preventing and removing any danger and obstacle to traffic by stopping the said central separation zone, etc. so that the repair cost may not be caused.

2. Defendant B

A. On February 1, 2016, the Defendant: (a) driven a truck by driving a truck with a f new wave while under the influence of alcohol alcohol level of 0.089%, without obtaining a driver’s license, from the mountain resting place located on the 128-in-Si, Gyeong-si, Chungcheongnam-si; (b) around 20:20 on February 1, 2016, to the point located on the 165.6km in Busan-do, Busan-do; (c) around 20km from the mountain resting place on the pent-do, Chungcheongnam-si; and (d) around 165.6km in the Gyeong-si, Busan-do.

Accordingly, the defendant is under the influence of alcohol.